Robbery Charges in Elizabeth, NJ: Understanding the Law and Your Defense Options
Robbery Charge Attorney in Elizabeth, New Jersey?
Robbery is a serious crime in New Jersey, involving the use of force or threat of force to take property from another person. If you or a loved one are facing robbery, burglary, or arson charges in Elizabeth, it’s crucial to understand the law and your rights. A When facing a robbery charge in Elizabeth, NJ, retaining an experienced and highly skilled attorney is crucial. Brett M. Rosen, a distinguished criminal defense lawyer, has a proven track record of achieving favorable outcomes in complex cases. Known for his unwavering assertiveness and legal prowess, Brett has successfully defended clients against serious charges, earning not-guilty verdicts even in high-stakes trials. His deep understanding of the legal system and commitment to his clients’ rights make him the ideal choice for anyone seeking robust defense against robbery charges in Elizabeth, NJ. Trust Brett M. Rosen to stand by your side and fight for your freedom. Call him today for a free and confidential consultation 908-312-0368 or email him at brett@nynjcriminalcivilesq.com.
Legal Definition of Robbery in New Jersey
Under New Jersey law (N.J.S.A. 2C:15-1), robbery is defined as:
- Taking property from another person: This can include money, personal belongings, or any other item of value.
- Using force or threat of force: This means that the perpetrator either physically harms the victim or threatens to harm them in order to obtain the property.
- In the course of committing a theft: The act of taking property must occur during the commission of a theft.
According to the New Jersey Model Jury Charge for robbery, the prosecutor must prove the following elements beyond a reasonable doubt:
- that the defendant was in the course of committing a theft
- that while in the course of committing that theft the defendant (Choose from the
following three):
a. knowingly inflicted bodily injury or used force upon another. OR b. threatened another with or purposely put another in fear of immediate bodily injury. OR c. committed or threatened immediately to commit the crime of ____________.
Degrees of Robbery
Robbery charges in New Jersey are categorized into different degrees, each with varying penalties:
- First-Degree Robbery: This is the most severe charge, typically involving the use of a weapon or inflicting serious bodily injury on the victim.
- Second-Degree Robbery: This involves the use of force or threat of force, but without a weapon or serious bodily injury.
Penalties for Robbery in Elizabeth, New Jersey
The penalties for robbery in New Jersey are severe and can include:
- First-Degree: 10-20 years in prison, with a presumption of incarceration, and up to $200,000 in fines.
- Second-Degree: 5-10 years in prison, with a presumption of incarceration, and up to $150,000 in fines.
Feature | First-Degree Robbery | Second-Degree Robbery |
Statute | N.J.S.A. 2C:15-1(b) | N.J.S.A. 2C:15-1(a) |
Definition | In the course of committing a theft, the actor: * Attempts to kill anyone * Purposely inflicts or attempts to inflict serious bodily injury * Is armed with, or uses or threatens the immediate use of a deadly weapon | In the course of committing a theft, the actor: * Inflicts bodily injury or uses force upon another * Threatens another with or purposely puts him in fear of immediate bodily injury |
Key Difference | Involves more serious violence or the threat of serious violence, often involving a weapon or the intent to cause significant harm. | Involves less serious violence or the threat of less serious violence, typically involving minor injuries or the use of force to accomplish the theft. |
Examples | * Armed robbery * Robbery resulting in serious injury or death * Carjacking | * Purse snatching * Shoplifting with force * Threatening someone to hand over their belongings |
Potential Penalties | * Imprisonment: 10-20 years * Fines: Up to $200,000 | * Imprisonment: 5-10 years * Fines: Up to $150,000 |
Additional Consequences | * Criminal record * Difficulty finding employment or housing * Loss of professional licenses * Potential immigration consequences * Mandatory minimum sentence under the No Early Release Act (NERA) – 85% of sentence must be served before parole eligibility | * Criminal record * Difficulty finding employment or housing * Loss of professional licenses * Potential immigration consequences * Mandatory minimum sentence under the No Early Release Act (NERA) – 85% of sentence must be served before parole eligibility |
Defenses to Robbery Charges in Elizabeth, NJ: Fighting for Your Freedom
Facing robbery charges in Elizabeth, New Jersey, is a serious matter with significant potential consequences. However, a skilled criminal defense attorney can explore a variety of legal strategies to protect your rights and fight for the best possible outcome.
Key Defenses to Robbery Charges
- Lack of Intent:
- The prosecution must prove beyond a reasonable doubt that you had the specific intent to commit a theft when you used force or threatened force.
- If your attorney can demonstrate that you lacked this intent, it can weaken the prosecution’s case. For example, if you were involved in a fight and took someone’s property during the altercation without the initial intention to steal, it might not meet the definition of robbery.
- Mistaken Identity or False Accusation:
- If you’ve been wrongly accused or misidentified, your attorney will work to establish your innocence. This involves gathering evidence like:
- Alibis that place you elsewhere at the time of the robbery
- Witness statements that contradict the accuser’s version of events
- Surveillance footage that shows you were not present at the scene
- Insufficient Evidence:
- The prosecution must prove every element of the robbery charge beyond a reasonable doubt.
- If the evidence is weak, circumstantial, or lacks credibility, your attorney can argue that it’s not enough for a conviction. This might involve challenging:
- Witness testimony, especially if there are inconsistencies or biases
- The chain of custody of any recovered property
- The identification procedures used by law enforcement
- Intoxication or Mental Impairment:
- While voluntary intoxication is not a defense to robbery, it may be used to argue that you lacked the specific intent to commit a theft.
- This defense is complex and often requires expert testimony to establish how your state of mind impacted your actions.
- Duress or Coercion:
- In rare cases, if you were forced or threatened into committing the robbery, this could be a defense.
- This defense requires demonstrating that you had a reasonable fear of immediate harm and that you had no other option but to comply with the demands of the person who coerced you.
- Fourth Amendment Violations (Illegal Search and Seizure):
- If law enforcement obtained evidence against you through an illegal search or seizure, violating your constitutional rights, your attorney can file a motion to suppress that evidence.
- If successful, this can significantly weaken the prosecution’s case or even lead to a dismissal.
Additional Considerations:
Self-Defense: If you used force during the incident but did so in self-defense, this could potentially be a defense. However, the level of force used must be reasonable and proportionate to the threat you faced.
Claim of Right: If you genuinely believed you had a legal right to the property you took, this might be a defense. However, this defense is rarely successful and requires careful consideration of the specific circumstances.
Remember:
- The specific defense strategy employed will depend heavily on the unique facts and evidence of your case.
- It’s crucial to consult with an experienced criminal defense attorney as soon as possible to assess your situation, explore potential defenses, and develop a strong legal strategy tailored to your needs.
If you or a loved one is facing robbery charges in Elizabeth, NJ, don’t hesitate to seek legal representation. Contact Brett M. Rosen, Esq., today for a free and confidential consultation to discuss your case and explore your options.
Why Choose Brett M. Rosen, Esq. for Your Robbery Defense?
At Brett M. Rosen, Esq., we have extensive experience defending clients against robbery charges in Elizabeth and throughout Union County.
Retaining Brett M. Rosen for a robbery charge in Elizabeth, New Jersey, could be a strategic decision for several reasons:
Expertise in Criminal Defense: Brett M. Rosen is a certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, which highlights his specialization and expertise in criminal defense.
Proven Track Record: His track record of winning cases and securing favorable outcomes for his clients, including acquittals and dismissals, speaks to his capabilities as a defense attorney.
Strategic Legal Approach: Known for his methodical, meticulous, and assertive approach to cross-examination and trial strategy, Rosen’s courtroom skills can be crucial in defending against robbery charges.
24/7 Availability: Offering round-the-clock availability, Rosen demonstrates a commitment to providing continuous support to his clients.
High-Profile Case Experience: Having represented clients in high-profile cases, Rosen has the experience to handle cases that may attract media attention or require a nuanced understanding of the public perspective.
Media Recognition: His recognition by various media outlets and legal platforms, such as being featured in LA Weekly and Law & Crime, adds to his credibility and reputation as a distinguished attorney.
If you’re considering legal representation for a robbery charge in Elizabeth, NJ, it’s advisable to consult with a qualified attorney like Brett M. Rosen to discuss your specific case and legal options
FAQs About Robbery Charges in Elizabeth, NJ
- What is the difference between robbery and theft in New Jersey?
- Robbery involves using force or the threat of force to take property from another person. Theft, on the other hand, is the unlawful taking of property without the use of force or threat.
- What are the penalties for robbery in Elizabeth, NJ?
- Robbery is a serious crime in New Jersey. The penalties depend on the degree of the charge, which can range from a second-degree crime to a first-degree crime, carrying penalties of up to 20 years in prison and significant fines.
- Can I be charged with robbery even if I didn’t actually take anything?
- Yes, you can be charged with robbery even if you didn’t successfully take any property. The mere attempt to commit a theft while using or threatening force is enough to constitute robbery.
- What if I only threatened to use force but didn’t actually hurt anyone?
- Even if you didn’t physically harm anyone, threatening to use force during a theft can still result in robbery charges. The focus is on the victim’s perception of fear and the threat of immediate harm.
- What is the difference between first-degree and second-degree robbery in NJ?
- The primary difference lies in the presence of aggravating factors. First-degree robbery involves attempting to kill someone, purposely inflicting serious bodily injury, or being armed with or threatening the use of a deadly weapon during the robbery. Second-degree robbery lacks these aggravating factors.
- Can I be charged with robbery if I took property from someone I know?
- Yes, robbery can occur even if you know the victim. The law doesn’t distinguish between taking property from a stranger or someone you’re acquainted with.
- What are some common defenses to robbery charges?
- Some common defenses include:
- Lack of intent to commit theft
- Mistaken identity
- False accusation
- Insufficient evidence
- Self-defense (if you used force to protect yourself from the victim)
- Intoxication or mental impairment (may be used to argue lack of intent)
- What are the potential consequences of a robbery conviction?
- A robbery conviction carries serious consequences, including:
- Prison time
- Hefty fines
- A permanent criminal record
- Difficulty finding employment or housing
- Loss of professional licenses
- Potential immigration consequences (for non-citizens)
- Can a robbery conviction be expunged from my record in NJ?
- Generally, robbery convictions are not eligible for expungement in New Jersey. However, there may be limited exceptions depending on the specific circumstances of your case.
- What should I do if I’m accused of robbery?
- It’s critical to contact an experienced criminal defense attorney immediately. Do not speak to the police or anyone else about the incident without legal counsel present. An attorney can protect your rights, investigate the allegations, and build a strong defense strategy.
FAQs on Robbery Charges Continued
- What if I was just present during a robbery but didn’t participate?
- Mere presence at the scene of a robbery is not enough for a conviction. However, if the prosecution can prove that you aided or abetted the robbery in any way, you could still face charges.
- Can a robbery charge be downgraded to a lesser offense?
- In some cases, it may be possible to negotiate a plea bargain with the prosecutor to reduce the robbery charge to a lesser offense, such as theft or assault. However, this depends on the specific facts and evidence of your case.
- What if I was intoxicated or under the influence of drugs during the alleged robbery?
- While voluntary intoxication is not a defense to robbery, it may be used to argue that you lacked the specific intent to commit a theft. This defense is complex and often requires expert testimony.
- Can a robbery conviction affect my ability to own a firearm in NJ?
- Yes, a robbery conviction, being a felony offense, will result in the loss of your right to own or possess a firearm in New Jersey.
- What should I expect at my first court appearance for a robbery charge?
- Your first appearance will likely be a pre-trial conference. You’ll have the opportunity to discuss the discovery with your attorney, and the judge may inquire on the status of a resolution.
Remember that these FAQs are intended for general information purposes only. For specific legal advice regarding your situation, it’s crucial to consult with a qualified attorney.
If you’re facing robbery charges in Elizabeth, NJ, don’t hesitate to seek legal representation. Contact Brett M. Rosen, Esq., today for a free and confidential consultation to discuss your case and explore your options.
We are here to fight for your rights and help you secure the best possible outcome.
Contact Us Today for a Free Consultation
If you or a loved one are facing robbery charges in Elizabeth, New Jersey, don’t wait to seek legal help. Contact Brett M. Rosen, Esq. today for a free consultation. We’ll review your case, discuss your options, and develop a personalized defense strategy to fight for the best possible outcome.
908-312-0368
brett@nynjcriminalcivilesq.com